Fogler Rubinoff Privacy Policy

Our Commitment to Privacy

Fogler, Rubinoff LLP (“FR“) recognizes the importance of privacy and is committed to protecting your personal information.   This Privacy Policy supplements our professional obligation of confidentiality respecting all information received in the context of the solicitor-client relationship, and outlines how FR manages personal information and safeguards privacy.

Privacy Laws

FR complies with all Ontario and Federal privacy laws including Canada’s Personal Information Protection and Electronic Documents Act. 

Personal information

In this Privacy Policy we use the definition of “personal information” under applicable privacy laws.  This generally includes information which identifies an individual directly or by inference, but does not generally include business contact information.

Consent

FR clients consent to the collection, use and disclosure of their personal information as necessary for the purposes of the retainer and in accordance with this Privacy Policy. You may withdraw your consent at any time by contacting FR’s Privacy Officer (contact information below). However, withdrawing consent may affect our ability to continue to act for you. 

Collecting Personal Information

FR collects your personal information orally or by written correspondence including telephone calls, emails and faxes.  Collected information may include your name, address, telephone number, billing and account information, documents, information about your business etc.  We usually collect information from you directly but sometimes we collect information about you from third parties including:

• government agencies or registries;
• insurance companies;
• real estate agents;
• professional advisors like accountants;
• witnesses in litigation matters;
• parties or participants in commercial transactions; and
• consumer reporting agencies.

Use of Personal Information

FR uses your personal information in order to:

• provide legal advice and services to you;
• administer our accounting databases and systems;
• facilitate communication between you and our lawyers, staff or agents;
• disseminate legal updates or invite you to FR events unless you opt not to receive them;
• evaluate client satisfaction and conduct market research;
• maintain and develop FR document management and precedent systems; and
• manage our business and operations.

Disclosure of Personal Information

FR discloses personal information only in accordance with this Privacy Policy or as permitted or required by law, including in order to:

• conduct conflicts searches to determine whether FR can act for you;
• comply with professional obligations of the Law Society of Ontario;
• comply with legal or regulatory requirements like a subpoena or warrant
• provide information to third parties in  the context of legal services including:
  • opposing parties and their counsel, advisors, witnesses, experts, judges and other decision makers in the context of litigation or other legal proceedings; and
  • other law firms, lenders or professional advisors in the context of transactions. 
• collect fees and disbursements, assess eligibility for credit, and comply with audits;
• detect and protect against error, negligence, breach of contract, fraud, theft or any other illegal activity or meet insurance requirements;
• retain another law firm on your behalf;
• comply with requests from your agents;
• engage services provided by third parties;
• manage FR’s business; and
• fulfill other purposes you have consented to.

Disclosure of your personal information to third party service providers

FR may transfer your personal information to third party service providers, agents or contractors to store, handle or process on FR’s behalf, such as for data processing, storage or other administrative services. FR requires that third party providers comply with this Privacy Policy and use your personal information only to perform services for FR.

Storage and Security of your personal information

Your personal information is stored in secure locations and on servers located either at our offices or with our service providers. FR uses the standard safeguards of the legal profession to secure your personal information including the following measures:

• premises security;
• confidentiality policies and procedures;
• technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
• internal password and security policies.

Retention

We retain your personal information as long as necessary to perform the legal services you have retained us to perform, to respond to issues that may arise after the retainer ends, and as required by law.  Once your personal information is no longer required, FR will make reasonable efforts to safely destroy, delete, erase or otherwise dispose of the information or convert it to non-identifiable form.

Accessing your personal information

You may access your personal information held by FR. Summary information is available on request. Detailed requests may be subject to professional disbursement fees. FR may deny access to personal information when:

• denial of access is required or authorized by law;
• information relates to existing or anticipated legal proceedings against you;
• granting you access would have an unreasonable impact on other people’s privacy;
• the information is subject to solicitor/client or litigation privilege;
• security or commercial proprietary reasons; or
• the information is prohibitively costly to provide.

Updating your personal information

It is important that your personal information be accurate and up-to-date. If during the course of the retainer any of your information changes, please advise FR so we may update our records. 

Personal information and the FR Website

The FR website, like other commercial websites, may monitor traffic patterns, site usage and related site information to optimize web service. We may provide aggregated information, but not identifiable personal information, to third parties for website administration and improvement.

FR uses Google Analytics to collect information, in an anonymous form, about how visitors use the Website in order to analyze and improve the website. By using the Website, you agree to the use of Google Analytics. You may opt-out of the use of Google Analytics, by clicking on the following link: Opt-Out of Google Analytics

Our website contains links to other sites, which are not governed by this Privacy Policy. FR is not responsible for how third parties collect, use or disclose your personal information, so please review their privacy policies before providing them with your personal information.

Privacy Breaches

While FR takes appropriate measures to protect your personal information, FR does not guarantee or warrant the security of your information from cyberattack, computer viruses, or other destructive electronic programs. 

FR will notify you, as soon as feasible and in the manner prescribed by law, of any serious breach of security respecting your personal information under FR’s control if it is reasonable to believe that the breach creates a real risk of significant harm. 

Communications not secure

There is an inherent risk in the exchange of information using any form of communication including email, phone, or fax.  FR assumes no liability for any damages you may suffer due to interception, alteration or misuse of information communicated in this way. We will generally communicate with you by email or telephone unless you indicate otherwise.  

Changes to Privacy Policy

FR reserves the right to change this Privacy Policy without notice and at any time.

Privacy Officer and requests, questions under Privacy Policy

Individuals may write to our Privacy Officer at the address below to access their personal information held by FR.  If a request to access or correct information is denied FR will explain the reasons for the refusal. 

If you have any questions or concerns about FR’s Privacy Policy or personal information management please write to our Privacy Officer at:

Bonnie Fish, Privacy Officer  
Fogler, Rubinoff LLP
77 King Street West, Suite 3000 
Toronto, ON M5K 1G8 
[email protected]